Terms of Service

My Carnival Bands

PLEASE READ CAREFULLY

Welcome to myCarnivalBands.com. If you visit or make purchases using myCarnivalBands.com, you agree to be bound by these Terms and Conditions of Use. This Terms and Conditions of Use Agreement(‘Conditions of Use’) applies to the use of the myCarnivalBands.com Ltd. website located at http://www.mycarnivalbands.com (‘the website’). The Web Site is the property of myCarnivalBands.com Ltd., a duly incorporated company in Trinidad and Tobago.

Definitions

For the removal of any ambiguity to the Users of this Site, the following terms are defined as used in this Conditions of Use.

By "myCarnivalBands.com" we mean the features and services we make available, including through (a) our website at www.mycarnivalbands.com and any other myCarnivalBands.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from myCarnivalBands.com or provide data to us.

By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with myCarnivalBands.com.

By "content" we mean anything you or other users post on myCarnivalBands.com that would not be included in the definition of information.

By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from myCarnivalBands.com or provide to myCarnivalBands.com through the Platform.

By "post" we mean post on myCarnivalBands.com or otherwise make available by using myCarnivalBands.com

By "active registered user" we mean a user who has logged into myCarnivalBands.com at least once in the previous 30 days.

By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.

“Personally Identifiable Information” refers to information that lets us know the particulars of who you are. Personal information is requested when you register and set up an account with myCarnivalBands.com, order a product or service, enter contests, fill out surveys, and send us feedback. For instance, this information might include your name, billing address, shipping address, telephone number, e-mail address, payment information, and product details information.

1. PROCEDURE FOR USE

You may browse the Web Site which displays costumes and other products from several Carnival Bands. By browsing, you agree that you have read and agree to the Terms and Conditions of Use and the Privacy Policy of the website.

In order to obtain particulars for a specific product and subsequently purchase same, you must must create a Profile ‘My Profile’. myCarnivalBands.com does not allow any purchases without a Profile. This Profile may be created through myCarnivalBands.com or third party applications such as Facebook. This Profile will be provided on verification of a valid email address or a valid, verified third party Account.

Upon creation of a Profile, you agree that you have read and agree to the Terms and Conditions of Use and the Privacy Policy of the website. Upon agreement to comply with the Conditions of Use and any such modifications, myCarnivalBands.com grants you a personal, non-exclusive, non-transferable, non-sublicense, limited privilege to enter and use the website under that Profile.

Upon checkout, you must click on “I Agree to Terms and Conditions” in order for the Purchase to be completed. By clicking on same, you agree that you have read and agree to the Terms and Conditions of Use and the Privacy Policy of the website.

myCarnivalBands.com reserves the right to change, add or remove portions of the Conditions of Use relating to its website at anytime. Such changes will be brought to the attention of all users of the website by viewing the last date modified on the Conditions of Use page. It is your responsibility to check the Conditions of Use each time before using the website. By your use of the web site, you agree that you have read and agreed to such changes. You agree that all subsequent purchases made by you will be subject to such modified Conditions of Use.

myCarnivalBands.com reserves the right to refuse service, terminate accounts and/or cancel orders or portions thereof in its discretion, including without limitation, if myCarnivalBands.com determines that any user violates applicable law or is harmful to the interests of myCarnivalBands.com.

By using the website you agree that you shall not upload to, distribute or otherwise publish to myCarnivalBands.com any information or material that:

Violates or infringes the proprietary rights of any Company, Band or any other legal person;

Is libelous, threatening, obscene, defamatory, indecent in nature or could give rise to any civil or criminal liability under any law;

Includes any viruses, worms, trojans or other harmful code or properties.

In using the myCarnivalBands.com website you will be required to select a password and account information. The User is solely responsible for protecting the security and confidentiality of this password and identification at all times. The User will be responsible for all activities that occur under his/her account and password that may be also assigned to him/her.

2. REGISTRATION AND ACCOUNT SECURITY

myCarnivalBands.com users are required to provide information which is valid, accurate and truthful. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on myCarnivalBands.com, or create an account for anyone other than yourself without permission.

If we disable your account, you will not create another one without our permission.

You will not use myCarnivalBands.com if you are under 18.

You will keep your contact information accurate and up-to-date.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account to anyone.

3. COPYRIGHT AND TRADEMARK NOTICE

All content included on this website, such as text, software, images, graphics, trademarks, logos, button icons, user interfaces, photographs, artwork, downloads, music, videos and other content on the website (“content”) including but not limited to the design, selection, arrangement and coordination of the website’s content is owned or licensed by or to myCarnivalBands.com and is protected by the governing intellectual property rights laws of the Republic of Trinidad and Tobago. myCarnivalBands.com expressly disclaims all liability for the unauthorized and/or prejudicial use of any content obtained on or in connection with the website.

4. PRICING

The ‘List Price’ displayed for products on the website is the suggested retail price by the Band, and is consistent with the pricing of the Band’s products at any of the Band’s retail outlets. myCarnivalBands.com does not determine pricing. Pricing is determined by the Band. A fee is charged for processing and is indicated to the Purchaser as a separate charge on the invoice before the completion of the transaction.

5. PAYMENT

myCarnivalBands.com offers online credit card payment for items being sold on the website at this time.

Your credit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Conditions of Use to determine your rights and liabilities as a cardholder.

By agreeing to online credit card payment processing you also authorize adjustments or reversals to be made to your payments method in connection with returns, cancellations, refunds, reversals or any other adjustments for any reason deemed necessary by myCarnivalBands.com as stated within these Conditions of Use.

myCarnivalBands.com reserves the right to cancel and refund ANY transaction at any time which it deems necessary, illegal or conflicts with our terms and conditions.

6. YOUR ACCOUNT

If you use this website, you may be required to open an account(‘My Profile’). You are solely responsible for maintaining the confidentiality of this account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to notify myCarnivalBands.com immediately of any unauthorized use of your account or password, or any other breach of security.

You agree in establishing an account for purchasing by creating a ‘My Profile’, the information given to us is valid, accurate, truthful, current and complete about yourself as well as your billing and shipping information as prompted by the registration process for payment. Any changes to such information should be updated by you immediately.

All users of the website must be over the age of eighteen (18) years otherwise you must use the services offered at the website under the supervision of a parent or guardian.

myCarnivalBands.com, may in its discretion terminate user access to the website and your ‘My Profile’ for reasons including without limitation: (a) attempts to gain unauthorized access to the website, or assistance to others attempting to do so, (b) breaching and/or compromising software security features, (c) unsafe and illegal practices, (d) violations to the Conditions of Use, (e) failure to pay for good and services. (f) unexpected operational difficulties. You agree that myCarnivalBands.com will not be liable to you or any third party for termination of your access to the website.

7. DISCLAIMER OF WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

WE TRY TO KEEP MYCARNIVALBANDS.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THIS SITE AND ALL INFORMATION, PRODUCTS, CONTENT, SOFTWARE, ARTWORK, DATA, AND SERVICES ARE PROVIDED BY MYCARNIVALBANDS.COM ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE NOR DO WE PROVIDE ANY WARRANTY THAT MYCARNIVALBANDS.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MYCARNIVALBANDS.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FURTHERMORE, MYCARNIVALBANDS.COM MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE MYCARNIVALBANDS.COM WEBSITE IS MADE AVAILABLE OR IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF TRINIDAD AND TOBAGO.

MYCARNIVALBANDS.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES (collectively, "Associates") FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

MYCARNIVALBANDS.COM WILL NOT BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE MYCARNIVALBANDS.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYCARNIVALBANDS.COM WEBSITE WHETHER BASED ON ANY LEGAL REMEDY, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MYCARNIVALBANDS.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Unless otherwise expressed within this Conditions of Use, the maximum liability of myCarnivalBands.com to you for any damages (regardless of reason therefore) shall not exceed the total amount of money actually paid to myCarnivalBands.com by you the ‘User’ during the two (2) weeks immediately before the act giving rise to the alleged responsibility of myCarnivalBands.com.

YOU AGREE THAT THE ENTIRE RISK OF USING THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED BY MYCARNIVALBANDS.COM OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU AND YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS CONDITIONS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS MYCARNIVALBANDS.COM LIMITED AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OTHER END USERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THIS CONDITIONS OF USE, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHT.

8. DISPUTES

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or myCarnivalBands.com exclusively in Trinidad and Tobago. The laws of Trinidad and Tobago will govern this document, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Trinidad and Tobago for the purpose of litigating all such claims. You agree to resolve any dispute firstly by Mediation according to the Mediation Act of Trinidad and Tobago and other applicable Civil High Court Rules before initiating any Legal Claim, in an attempt to protect confidentiality and save time and costs in resolving same.

9. RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon collection of same.

10. RETURNS POLICY

The Band from whom you have purchased your costume undertakes the responsibility for your costume, once payment has been completed. Contact information for your Band will be provided to you, once you receive confirmation of payment completion. You will be contacted directly by the Band who will provide you with further instructions relating to the costume including collection information. If an issue arises as to any particular costume, you must deal with same directly with the Band. Only on confirmation of a valid return from the Band to us, would myCarnivalBands.com refund and relevant sum to your account. Any return of the costume for any reason will be between you and the Band.

11. LINKS

The myCarnivalBands.com website has links to other websites that are owned and operated by other parties. myCarnivalBands.com is not responsible for the operation of or content located on any such other website.

12. PRODUCT DISPLAY/COLOURS

We know that costume colours, shapes and sizes are very important to Masqueraders and Bands alike so myCarnivalBands.com shall attempt to maintain product integrity in terms of accuracy of product images displayed on the website. However, we cannot guarantee that the color displayed matches the product color, as the display color varies with the monitor you are using.

13. MODIFICATIONS TO PRICES OR BILLING TERMS

MYCARNIVALBANDS.COM RESERVES THE RIGHT TO CHANGE ITS PRICES, CHARGES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD ON THE SITE. IF HOWEVER, A CUSTOMER ORDERS AN ITEM AND THERE HAS BEEN A CHANGE IN THE PURCHASE PRICE, THEN THE CUSTOMER WILL BE NOTIFIED OF SUCH VIA EMAIL IN ORDER TO MAKE THE DECISION TO COMPLETE THE TRANSACTION.

14. SERVICE AND SUPPORT FOR GOODS SOLD

ALL REQUESTS FOR SERVICE AND SUPPORT SHOULD BE MADE DIRECTLY TO THE BAND IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS.

15. ORDER LIMITATIONS/LIMITED QUANTITIES

myCarnivalBands.com, reserves the right to limit or cancel quantities purchased per person, per household or per order. Please note that myCarnivalBands.com also reserves the right to reject any order you place with us. In such circumstances myCarnivalBands.com shall provide notification to the user of such limitation or cancellation. These restrictions may include orders placed by the same myCarnivalBands.com account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

16. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

We welcome you to post reviews, comments, stories, photos and other content; send e-cards and other forms of communication, submit suggestions, comments, questions or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or injurious to third parties or objectionable and does not contain software viruses, commercial solicitation, political campaigning, mass mailings, or any form of ‘spam.’ Further, you may not use false information, a false email address, impersonate a person or entity, or mislead as to the origin of a card or other content.

You represent that you automatically grant myCarnivalBands.com a license to use such material and make whatever amendments or alterations that are deemed necessary; that the content you post is accurate; that the use of the content you supply does not violate this Conditions of Use and will not cause injury to any person or entity; and you will indemnify myCarnivalBands.com Limited and its associates for all claims resulting from content you supply to myCarnivalBands.com. Therefore, myCarnivalBands.com has the right but not the obligation to monitor and edit or remove any activity or content. myCarnivalBands.com takes no responsibility and assumes no liability for any content posted by you or any third party.

17. TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, myCarnivalBands.com may, without prior notice, immediately revoke any or all of your rights granted hereunder for reasons including but not limited to (a) suspicious or illegal activity, (b) suspicious or proven acts of fraud from credit card processors, (c) behaviour which may negatively affect myCarnivalBands.com or other users of the website. In such cases, myCarnivalBands.com, in its sole discretion, may terminate your account, cancel orders and cease all your access to and use of myCarnivalBands.com and myCarnivalBands.com may revoke any password(s) and/or account identification issued to you and deny you access to and use of the website. Any such action shall not affect any rights and obligations arising prior thereto.

myCarnivalBands.com Limited reserves the right to CANCEL any transaction prior to delivery if any transaction is deemed illegal or unsafe, is against our terms and conditions, if we are unable to contact a customer prior to delivery, if the customer violates any of the terms and conditions and for displaying behavior that may be of risk to myCarnivalBands.com Limited. If an online payment was placed prior to cancelation, a FULL refund would be issued at point of cancelation.

18. ERRORS

At myCarnivalBands.com we do everything in our power to ensure the accuracy of the product information, prices, descriptions and availability, but intermittently errors do occur. Please notify myCarnivalBands.com of any information or pricing inaccuracies so that we can correct the problem by sending an email to info@mycarnivalbands.com. myCarnivalBands.com reserves the right to change without notice the prices and availability of products and services on the website. Errors will be corrected where discovered, and myCarnivalBands.com reserves the reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, myCarnivalBands.com or its third party credit card processor will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

19. ELECTRONIC COMMUNICATION

When you create an account with us, you consent to communication with myCarnivalBands.com by means of electronic communications, including sending electronic mail to the email address you provided during registration process. Each time you make a purchase through the myCarnivalBands.com website, you grant permission for myCarnivalBands.com to contact you at your e-mail address. You agree that we may communicate with you by means of electronic communications regarding this Conditions of Use, notice or disclosure regarding the site, payment authorizations, and any other matter relating to your use of the site.

AT NO TIME WHATSOEVER WILL MYCARNIVALBANDS.COM ASK YOU TO VERIFY YOUR CREDIT CARD INFORMATION OR OTHER FINANCIAL OR IDENTIFIALBLE INFORMATION VIA EMAIL, FAX OR TELEPHONE. PLEASE DO NOT RESPOND FOR ENQUIRIES OF THIS NATURE. To stop receiving our marketing emails, please send an email to us at info@mycarnivalbands.com.

fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register for the myCarnivalBands.com website and make purchases. As a condition of registering with our website or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s Terms and Conditions will change from time to time, and as a condition of browsing the website, using the features or making any purchases, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While myCarnivalBands.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.

IN NO EVENT SHALL MYCARNIVALBANDS.COM OR ITS AGENTS OR ITS ASSOCIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNATHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT AND ALSO REGARDLESS OF WHETHER MYCARNIVALBANDS.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

21. OUR ACCEPTANCE POLICY

When you purchase an item on the website, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. myCarnivalBands.com reserves the right at any time after receipt of your order to accept or decline your order for any reason such as but not limited to, illegal or suspicious activity, vague shipping address, natural disasters, potential threats to myCarnivalBands.com and its associates. If the order is cancelled and payment was made before receiving goods and services, myCarnivalBands.com will refund you the full cost of the transaction.

Your order will be deemed accepted by myCarnivalBands.com upon the completion of the online transaction. At this time, all payments must be made online using a valid Credit Card. We may also require additional verifications or information before accepting payment for any order. This is to ensure your security. Only when online credit card payment is accepted will myCarnivalBands.com be able to place your purchase order with the Band. Title to goods and all risk of loss passes to you upon delivery.